Opinion
CASE NO. 11-CV-2496 BEN (KSC)
11-26-2012
KENNETH ARTHUR ZIEMANN, Petitioner, v. B.M. CASH, Warden, et al., Respondents.
ORDER:
(1) ADOPTING REPORT AND RECOMMENDATION
(2) DENYING PETITION FOR WRIT OF HABEAS CORPUS
(3) DENYING PETITIONER'S REQUEST FOR EVIDENTIARY HEARING
(4) DENYING PETITIONER'S REQUEST FOR APPOINTMENT OF COUNSEL
[Docket Nos. 11, 23]
Petitioner Kenneth Arthur Ziemann, a state prisoner proceeding pro se, filed the instant First Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (Docket No. 11.) Respondent filed an Answer on May 25, 2012. (Docket No. 19.) Petitioner filed a Traverse on July 5, 2012. (Docket No. 22.)
Magistrate Judge Karen Crawford issued a thoughtful and thorough Report and Recommendation recommending that the Petition be denied. (Docket No. 23.) Any objections to the Report and Recommendation were due November 19, 2012, (Id.) Neither party filed any objections. For the reasons that follow, the Report and Recommendation is ADOPTED.
A district judge "may accept, reject, or modify the recommended disposition" of a magistrate judge on a dispositive matter. FED. R. CLV. P. 72(b)(3); see also 28 U.S.C. § 636(b)(1). "[T]he district judge must determine de novo any part of the [report and recommendation] that has been properly objected to." FED. R. CIV. P. 72(b)(3). However, "[t]he statute makes it clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise." United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original); see also Wang v. Masaitis, 416 F.3d 992, 1000 n. 13 (9th Cir. 2005). "Neither the Constitution nor the statute requires a district judge to review, de novo, findings and recommendations that the parties themselves accept as correct." Reyna-Tapia, 328 F.3d at 1121.
In the absence of any objections, the Court fully ADOPTS Judge Crawford's Report and Recommendation. The habeas petition is DENIED on the grounds that Petitioner is not in custody in violation of any federal right. In addition, Petitioner's request for an evidentiary hearing and request for appointment of counsel is DENIED. The Clerk of Court shall enter judgment denying the Petition.
IT IS SO ORDERED.
______________________
HON. ROGER T. BENITEZ
UNITED STATES DISTRICT JUDGE